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IM <br />10 A <br />WASHINGTON STATE DEPARTMENT OF <br />Natural €- u <br />JJWW PeterG®Id..&-Commissioner of Public Lands _ <br />October 14, 2009 <br />- <br />, <br />� <br />Ole r i g Ms <br />Allan Giffen, Director <br />City of Everett Planning and Community Development <br />2930 Wetmore, Ste. 8A <br />Everett, WA 98201 <br />Cannel for <br />your natural resources <br />.. P RRRrrf` — now and forever <br />RE: DSEIS 09-001 Surface Mine Reclamation Permit 4 70-010161, Everett Pit, <br />Dear Mr, Giffen: <br />Thank you for the opportunity to comment on the proposed Everett Mine site <br />development (DSEIS 09-001), located in Section 01 of Twn 28 N, Rge 04 E; WM. It <br />appears from the description of the proposal per your letter of notice (post dated <br />09/22/2009, that a revised Department of Natural Resources (DNR) Surface Mine <br />Reclamation Permit is required, as per RC W 78.44, "No miner may engage in surface <br />mining without having first obtained a reclamation permit from the department." <br />A Surface Mine is defined in 78.44 as any area or areas in close proximity to each other, <br />as determined by the department, where extraction of minerals results in: <br />(a) (i) More than three acres of disturbed area; <br />(ii) Surface mined slopes greater than thirty feet high and steeper than 1.0 foot <br />horizontal to 1.0 foot vertical; or <br />(iii) More than one acre of disturbed area within an eight acre area, when the <br />disturbed area results from mineral prospecting or exploration activities. <br />(b) Surface mines include areas where mineral extraction from the surface or subsurface <br />occurs by the auger method or by reworking mine refuse or tailings, when the disturbed <br />area exceeds the size or height thresholds listed in (a) of this subsection. <br />(c) Surface mining occurs when operations have created or are intended to create a <br />surface mine as defined by this subsection. <br />Minerals are defined in 78.44 as: Clay, coal, gravel, industrial minerals, metallic <br />substances, peat, sand, stone, topsoil, and any other similar solid material or substance to <br />— -- -- <br />GEOLOGY ,AND EARTH RESOURCES DIVISION 9 1111 VJASHINGrON ST SE 9 MS 47007 9 OLYMPIA, WA 98504-70071 <br />TEL(360)902-1450 0 FAX(360)902-1785 1 ITY (360) 902-1125 9 TRS 711 6 VItWW.DNR.WA.GOV <br />EQUAL OPPORTUNITY EMPLOYER ecraea> P=_n <br />